CEDAW/C/2003/I/CRP.3/Add.4/Rev.1
Advance Unedited copy
31 January 2003
Original: English
03-22312 (E) *0322312*
Committee
on the Elimination of Discrimination against Women
Twenty-eighth session
13-31 January 2003
Draft report
Rapporteur: Ms. Christine Kapalata
Consideration
of reports of States parties
Luxembourg
Fourth periodic
report
1. The Committee
considered the fourth periodic report of Luxembourg (CEDAW/C/LUX/4)
at its 601st and 602nd meetings, on 22 January 2003 (see CEDAW/C/SR.601
and 602).
I. Introduction
by the State party
2. In introducing
the fourth periodic report, the representative of Luxembourg informed
the Committee about the State party's follow-up to the Committee's
recommendations after the presentation of the third periodic report
in June 2000. The recommendations had been provided to Ministers,
Members of Parliament and non-governmental organizations focusing
on women's issues and many positive actions had been taken. Recommendations
of the Committee had also been included in the Beijing+5 national
plan of action, which had been prepared by the Interministerial
Committee on the Equality between Women and Men. It was within
that particular framework that the State party reaffirmed its
commitment to integrate a gender perspective in all policies and
programmes.
3. The representative
stated that a bill to approve the ratification of the Optional
Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women had been submitted to the lower chamber
of Parliament in 2001 and ratification of the Optional Protocol
was expected shortly. Two reservations to the Convention were
being considered for withdrawal, namely the reservation to article
7 on succession to the Crown and to article 16, relating to the
transmission of the family name to children. She indicated, in
that regard, that article 11.2 of the Constitution on the principle
of equality between women and men was still being reviewed, since
agreement had not been reached on all the provisions of that article,
but was optimistic that the text would be adopted in 2004.
4. The representative
informed the Committee of the adoption of a law against sexual
harassment on 26 May 2000. She acknowledged that despite the law,
sexual harassment persisted, especially in the workplace, and
that practical measures had been initiated to curb that practice.
For example, an information booklet on the law on sexual harassment
was being provided to employers and awareness-raising campaigns
on the matter had been undertaken. Moreover, a bill on domestic
violence had been introduced on 17 May 2001, by which women would
no longer be forced to leave the family home and the perpetrators
of violence would no longer be able to stay. The representative
indicated that emphasis had been placed on public awareness-raising
campaigns on domestic violence and a number of shelters for victims
had been opened. Measures had also been taken to sensitize law
enforcement officers. The bill on domestic violence specifically
required that a module on domestic violence be integrated into
the initial training of police personnel at the Police Academy.
After entry into force of the bill, the police would also be required
to collect statistics on domestic violence.
5. With regard
to migration, the representative noted that the number of asylum
seekers had been considerable and amounted to some 1,000 per year.
To deal with that issue, Luxembourg provided a legal framework
for asylum requests. Once a request had been made it was analysed
by the Ministry of Justice. The duration of the asylum procedure
varied from six months to three years. The asylum-seekers received
social benefits, including housing, shelter, meals, pocket money,
health care, free transportation and language training. Pregnant
women, in particular, were given housing in the best possible
areas near health -care facilities.
6. The representative
said that trafficking in human beings and sexual exploitation
were akin to slavery, referring to globalization as a root cause
for its increase. She suggested that investing in the economic
development of poor countries to ensure political and economic
stability could reduce such trafficking. Luxembourg had invested
0.7 per cent of its gross domestic product in overseas development
assistance and many of its development projects aimed at giving
women a certain amount of economic security that would make them
less vulnerable to traffickers.
7. The representative
reported that the number of women in the workplace was increasing.
Measures to integrate young women and to bring women back to the
workplace had been made part of the National Plan for Employment.
Low-income parents paid less for childcare and a number of municipalities
had expanded their own day-care centres outside school hours.
Sixty out of 118 municipalities currently had the required infrastructures
to deal with children at the pre -school and elementary school
levels. Professional guidance and training courses were being
organized to help women re -enter the workplace.
8. The representative
informed the Committee that in order to reduce the wage gap between
women and men, a project entitled "Equal pay, a democratic
and legal challenge" had been put in place in January 2002.
Social partners, employers and trade unions had adopted action
plans to fight the wage gap. A study carried out on wage inequality,
however, showed that a 28 per cent salary gap still existed between
women and men.
9. In concluding,
the representative reaffirmed her country's commitment to integrate
a gender perspective in all policies and programmes and to continue
to promote positive actions and temporary special measures to
establish de facto equality between women and men in all areas
where discrimination persisted. She also affirmed the State party's
commitment to the elimination of all forms of discrimination against
women.
II. Concluding
comments of the Committee
Introduction
10. The Committee
expresses appreciation to the State party for its fourth periodic
report, which complies with the Committee's guidelines for the
preparation of periodic reports. It commends the State party for
its interaction with nongovernmental organizations in the preparation
of the report. The Committee also expresses its appreciation for
the information given in response to the issues raised by the
pre -session working group and during the oral presentation.
11. The Committee
commends the State party for its high-level delegation headed
by the Minister for the Advancement of Women and is pleased that
a representative of a non-governmental organization was included
in the delegation. The Committee appreciates the frank and constructive
dialogue that took place between the delegation and the members
of the Committee.
12. The Committee
welcomes the fact that the State party has initiated the process
to ratify the Optional Protocol to the Convention and to accept
the amendment to article 20, paragraph 1, of the Convention concerning
the meeting time of the Committee.
13. The Committee
notes that governmental action is placed within the context of
the implementation of the Beijing Platform for Action.
Positive
aspects
14. The Committee
commends the State party for its wide dissemination of the Convention
and the concluding comments of the Committee issued following
the consideration of the third periodic report.
15. The Committee
commends the State party for adopting new laws in support of the
goal of gender equality: the law on pensions, which plays a key
role in preventing poverty among older people, particularly women;
the law with respect to the burden of proof in cases of discrimination
on the basis of sex; the law concerning protection for workers
who are pregnant, have recently given birth or are breastfeeding;
and the law on protection from sexual harassment at the workplace.
16. The Committee
welcomes the increase of women's participation in the workforce.
17. The Committee
welcomes the support to enterprises which have adopted special
measures to increase women's participation in the workforce, including
the obligation to negotiate equality plans and create equality
delegates in private enterprises.
18. The Committee
welcomes the fact that the number of men taking parental leave
has increased, indicating a heightened awareness of shared parental
responsibility.
19. The Committee
commends the State party for the integration of a gender perspective
in its development cooperation projects.
Principal
areas of concern and recommendations
20. While
welcoming the positive developments with regard to the ongoing
process of amending the Constitution in order to integrate the
principle of equality between women and men and to allow for the
withdrawal of the reservation to the Convention with regard to
article 7 as well as the draft law related to the withdrawal of
the reservation to article 16 of the Convention, the Committee
remains concerned that these processes have not yet been concluded.
21. The Committee
calls upon the State party to accelerate the process of revising
the Constitution to integrate the principle of equality between
women and men and to withdraw the reservation to article 7 of
the Convention, and to adopt the draft law which will allow for
the withdrawal of the reservation to article 16 of the Convention.
22. The Committee
expresses concern that there is no definition of discrimination
on the basis of sex as stipulated in article 1 of the Convention
within the legal framework of the State party despite the State
party's commitment to promote equality between women and men.
23. The Committee
calls upon the State party to make the necessary legislative changes
to integrate the concept of discrimination on the basis of sex
within its legal framework with a view to eliminating such discrimination.
24. While
noting that the State party's gender policy appears to be formulated
primarily in the framework of the Beijing Platform for Action
and the European Union provisions, the Committee is concerned
that the Convention has not been given central importance as a
legally binding human rights instrument and basis for the elimination
of all forms of discrimination against women and the advancement
of women.
25. The Committee
urges the State party to place emphasis on the Convention as a
legally binding human rights instrument together with the Platform
for Action as a programmatic policy framework in its efforts to
achieve the goals of equality. It also urges the State party to
take proactive measures to raise awareness about the Convention,
in particular among parliamentarians, the judiciary and the legal
profession.
26. With regard
to combating domestic violence, the Committee welcomes the bill
that has been presented to the Chamber of Deputies, but is concerned
that adoption of the bill has been delayed.
27. The Committee
encourages the State party to take all necessary measures to adopt
the law on domestic violence in conformity with the Committee's
General Recommendation 19 to prevent violence, punish and rehabilitate
offenders and provide services for victims.
28. While
noting the efforts undertaken to eliminate stereotypical attitudes
towards the roles of women and men in the family and all sectors
of society, the Committee is concerned about the persistence of
stereotypical attitudes towards women, which threaten to impede
women's enjoyment of their rights.
29. The Committee
calls upon the State party to take additional measures to eliminate
stereotypical attitudes about the roles and responsibilities of
women and men, including through awareness-raising and educational
campaigns directed at both women and men and at the media. It
also calls upon the State party to assess the impact of such measures
in order to identify shortcomings and to adjust and improve such
measures accordingly.
30. The Committee
notes that little progress has been made to increase women's participation
in decision -making in all sectors.
31. The Committee
calls upon the State party to develop further measures to increase
women's participation in decision-making in all sectors, including
through awareness-raising campaigns targeted at women and men
and the use of special measures in accordance with article 4,
paragraph 1, of the Convention, with the goal to accelerate de
facto equality between women and men. It also recommends that
such measures be monitored and evaluated.
32. The Committee
notes with concern that the State party has not developed comprehensive
policies to combat trafficking in women and girls.
33. The Committee
recommends that the State party develop comprehensive policies
and programmes to combat trafficking in women and girls, including
measures to prevent trafficking in women and girls, the collection
of data, the provision of services for trafficked women and girls
and measures to penalize those who are involved in such trafficking.
34. The Committee
is concerned about ongoing discrepancies in salaries and wages
between women and men for work of equal value.
35. The Committee
urges the State party to develop policies and adopt proactive
measures to accelerate the eradication of pay discrimination against
women, including through job evaluations, collection of data,
further study of the underlying causes of the wage gap and provision
of increased assistance for social partners in collective bargaining,
in particular in determining wage structures in sectors dominated
by women. It requests the State party to provide more information
in the next periodic report on its efforts to eradicate the wage
gap.
36. The Committee,
while recognizing the adoption of a wide range of gender equality
policies, particularly in relation to employment issues, is concerned
that a certain number of those policies have yet to be implemented
or evaluated.
37. The Committee
encourages the State party to implement all policies that have
been formulated and to make an assessment of the measures already
implemented with a view to future improvements.
38. The Committee
reiterates its concern expressed after considering the third periodic
report with regard to the law on the waiting period of 300 days
before a widow or divorced woman can remarry.
39. The Committee
urges the State party to take measures to amend that discriminatory
legislation without delay.
40. The Committee
is concerned about the lack of information in the fourth periodic
report with regard to a number of issues as well as the lack of
statistical data disaggregated by sex in certain areas.
41. The Committee
requests that the State party provide more information in the
next periodic report in the following areas: measures taken to
promote women's health, particularly with regard to the prevention
of HIV/AIDS; measures taken in support of older women and of disabled
women; and statistical data disaggregated by sex, particularly
with regard to violence against women, including domestic violence
and trafficking in women.
42. The Committee
requests the State party to respond to the concerns expressed
in the present concluding comments in its next periodic report
submitted under article 18 of the Convention.
43. Taking
account of the gender dimension of declarations, programmes and
platforms for action adopted by relevant United Nations conferences,
summits and special sessions (such as the special session of the
General Assembly to review and appraise the implementation of
the Programme of Action of the International Conference on Population
and Development (the twenty-first special session), the special
session of the General Assembly on children (the twenty-seventh
special session), the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance, and the Second
World Assembly on Ageing), the Committee requests the State party
to include information on the implementation of aspects of those
documents relating to relevant articles of the Convention in its
next periodic report.
44. The Committee
requests the wide dissemination in Luxembourg of the present concluding
comments in order to make the people of Luxembourg, in particular
administrators and politicians, aware of the steps that have been
taken to ensure the de jure and de facto equality of women and
of the further steps that are required in that regard. It requests
the State party to continue to disseminate widely, in particular
to women's and human rights organizations, the Convention and
its Optional Protocol, the Committee's general recommendations,
the Beijing Declaration and Platform for Action and the results
of the twenty-third special session of the General Assembly, entitled
"Women 2000: Gender Equality, Development and Peace for the
Twenty-first Century".
Back to top
